QUESTION

I am currently being ued for attorneys fee from a divorce case. So, I filed a counterclaim of legal malpractice and have not received an answer?

Asked on Mar 07th, 2013 on Civil Litigation - New Jersey
More details to this question:
What can I do if the plaintiff files a notice to dismiss counterclaim and summary judgment but doesn't file an answer?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
It is possible to file a motion to dismiss in lieu of an answer.  If that happens, the court will hear the motion to dismiss.  At that time you will have to produce an Affidavit of Merit.  that's a document signed by another professional with the same credential indicating that they have reviewed the case and believe that the services provided were below the standard.  If you sue a doctor for malpractice, you must get a doctor with the same qualifications to do the Affidavit of Merit.  If you sue and attorney, you must get an attorney with the same qualifications to do the Affidavit.  you must have that Affidavit in order to defeat the motion to dismiss. 
Answered on Mar 08th, 2013 at 8:26 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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